Council sends amended Pier 334 performance agreement back to EDC to correct dates
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Summary
After public comment and presentations from Economic Development Corporation leaders and the project team, the Gun Barrel City Council voted to return the amended and restated Pier 334 performance agreement to the EDC for revision of performance dates and to return a fully executed second amended agreement to council at the February meeting.
The Gun Barrel City Council voted to send the amended and restated Pier 334 performance agreement back to the Economic Development Corporation (EDC) for clarification and correction of performance dates, after multiple public commenters and EDC representatives described the issue as a scrivener’s error limited to a certificate‑of‑occupancy date.
Why it matters: Pier 334 is a private development on Cedar Creek Lake that the EDC has supported; the timing and execution of the performance agreement establish benchmarks the developer must meet and are tied to EDC oversight and the city’s expectations for project delivery. Council’s action asks the EDC to clean up date inconsistencies and return a fully executed amendment for council approval, ensuring the record and enforcement terms are clear.
What the council decided
Council approved a motion to return the amended and restated performance agreement to the EDC board of directors so the EDC and its attorney could review and correct all dates, fully execute the amended agreement (including required signatures and notarizations), and resubmit it to city council at the February meeting. The motion passed on a roll-call vote. (Tally: yes 5; no 0.)
Public comment and EDC perspective
- Cindy Key, resident, urged the council to “move forward with pending projects without further delay” and reminded councilmembers of their oath to represent the city rather than special interests.
- Gary Damiano, speaking as secretary of the EDC and as a private citizen, described the issue as a scrivener’s error and said the EDC’s attorney had recommended a solution that was implemented; he urged council not to interfere and suggested council make a motion declaring the matter a non‑issue.
- Roy Key, EDC president, said the error is narrowly limited to the March 15, 2025 certificate‑of‑occupancy date and does not affect the overall project duration or cost; he asked council to adopt the correction done by the EDC and its counsel.
Developer and project update
- Steven Haines (project representative) presented a construction update for Pier 334: seawall repairs and placement of promenade framing, a reduced 35‑foot pool adjacent to banquet room exits, terraced amphitheater space, and pending architectural and construction drawings to be submitted for permits. He said the project had spent about $1.4 million so far and expected total invested construction/earthwork to reach approximately $2.2 million after upcoming grading and foundation work.
City and legal process notes
City staff and the EDC confirmed the EDC attorney, Jeff Moore, drafted the amendment language; staff said future amendments will be returned fully executed. Councilmember Berson, who placed the item on the agenda, said he requested the corrected agreement be routed back to the EDC and then returned to council for formal approval.
Next steps
- EDC and its counsel will finalize date corrections and ensure the second amended and restated agreement is fully executed and notarized, then present that document to city council at the February meeting as directed.
Ending: Council’s vote does not itself change the obligations in the performance agreement; rather it directs the EDC to produce a clean, fully executed amendment that aligns performance dates across the document and returns it to council for formal approval.
